CF 110102 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CF 110102 RO
MIKE BLAKAJ
COOPER REALTY DRO DOCKET NO.: Z057346
TENANT: VALERIE SPUHLER
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 9, 1988 , the above-named petitioner-owner timely refiled
a Petition for Administrative Review against an order issued on
March 23, 1988, by the Rent Administrator, 10 Columbus Circle New
York New York, concerning the housing accommodations known as 11-15
46th Road, Queens, New York, Apartment No. 3B, wherein the Rent
Administrator determined that the owner had failed to completely
comply with registration requirements and therefore froze the legal
registered rent as the rent on April 1, 1984.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2528 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
warranted.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was originally commenced by the filing of a
tenant's objection alleging non-receipt of the initial rent notice
by the tenant in June 1985.
The owner was served with a copy of the tenant's complaint on
September 23, 1987 but failed to submit a response.
In Order Number Z057346, the Rent Administrator established the
lawful stabilized rent as the rent in effect on April 1, 1984 and
barred the owner from collecting any increases above the rent
charged on April 1, 1984 until the owner completed the registration
requirements.
In this petition, the owner contends in substance that it was never
served a copy of the tenant's objection.
In answer to the owner's petition, the tenant stated in substance
that the owner has not complied with the Rent Administrator's order
CF 110102 RO
and that the rents registered by the owner do not agree with the
lease rent paid by the tenant. The tenant submitted leases in
effect from October 12, 1984 thru October 11, 1989 and a copy of
the 1990 annual apartment registration form.
The Commissioner is of the opinion that this petition should be
denied.
Section 2527.3 of the Rent Stabilization Code provides in pertinent
part that any notice directed to the person named in the last filed
registration statement as the owner at the address given therein
shall constitute notice to the person who is then the owner.
An examination of the record in this case discloses that the owner
was served a copy of the tenant objection on September 23, 1987 at
the following address:
Cooper Realty
184 East 161 Street
Bronx, New York 10451
Further, the owner was sent a "Notice to Owner of Failure to
Register Apartment/Building" on February 4, 1988 and a copy of the
order appealed herein on March 23, 1988 at the above address.
The owner registered with DHCR under the name - Cooper Realty at
184 East 161 Street, Bronx, New York 10451, every year from 1984
thru 1991 and cited the above address on the instant petition.
It is a well - established principal of law that a letter properly
addressed, stamped and mailed is presumed to have been delivered.
Petitioner's assertion of non-receipt is therefore insufficient to
defeat the presumption of receipt. Further the notices sent to the
owner at the last registered address are in compliance with the
provisions of Section 2527.3 of the Code as cited above.
Moreover, the owner failed to prove either before the Rent
Administrator or on appeal that it fully complied with the
registration requirements by properly serving the tenant in
occupancy on April 1, 1984 or subsequent tenant with a copy of the
Initial Rent Notice (RR-1).
Accordingly, the Rent Administrator's order was warranted.
With regards to the tenant's contention that the owner has failed
to comply with the Rent Administrator's order freezing the legal
registered rent at the rent charged on April 1, 1984 and that the
registered rents subsequent to April 1 1984 do not reflect the
actual lease rents paid by the tenant, the tenant is advised to
file a Separate Complaint of Rent Overcharge with the DHCR citing
the Rent Administrator's order and the instant PAR docket as
reference.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
CF 110102 RO
same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner